Provincial Court Proceedings,1679. 33

Benja Rozer Esqr agt John Quigley

John Quigley late of St Maryes County Mrchant was Attached to Answer unto the Honble Benja- min Rozer Esqr in a plea of trespas upon the case And whereupon the said Benjamin by Christo-

Liber W. C.

	pher Rousby his Attorney complameth, that whereas he the said Benjamin the Eighteenth day of Decembr One thousand six hundred seventy Eight stood indebted unto one Joseph Eaton Marrinr Master of the Shipp Mrchants delight of London in the quantity of Thirty thousand pounds of tobacco And whereas he the said John Quigley afterwards to witt the Eighteenth day of Decembr One thousand six hundred Seventy Eight, in consideracon that he the said Ben- jamin att the speciall instance & request of him the said John would well & truely pay or cause to be paid unto one Arthur Taylor late of Charles County Mrchant the quantity of thirty thousand pounds of tobacco in cask for the accompt of him the said John Quigley And would take the said Arthur Taylors receipt for the same as paid for the Accompt of him the said John, he the said John did assume upon himselfe & to the said Benjamin did faithfully promise that he the said John would forthith when thereunto required pay & satisfie unto the aforesaid Joseph Eaton the like quantity of thirty thousand pounds
	of tobacco in Discharge of the aforesaid debt of thirty thousand pounds of tobacco due to the said Joseph from the said Benjamin as aforesaid And would procure a sufficient receipt and discharge against the said debt of thirty thousand pounds of tobacco under the hand of the said Joseph Eaton for him the said Benjamin And would bring & deliver the same receipt unto him the said Benjamin Rozer And the said Benjamin in fact saith, that he the said Ben- jamin trusting to the promise & assumpcon aforesaid of him the said John Quigley, afterwards to witt the twentieth day of January One thousand six hundred Seventy eight did pay & satisfie unto the said Arthur Taylor the Sume or quantity of Thirty thousand pounds of tobacco for the Accompt of the said John Quigley, & did take a receipt for the same under the hand of the said Arthur as paid to him the said Arthur by him the said Benjamin by the order & for the accompt of his the said John Quigley. Yet the said John Quigley his promise and assumpcon aforesaid little reguarding, but plotting & contriveing him the said Benjamin not only of the said Thirty thousand pounds of tobacco wholy to defraud & deceive but also to bring the said Benjamin unto discreditt in his reputacon with Mrchants & dealers in this Province, the said Sume or quantity of thirty thousand pounds of tobacco in discharge of the said debt of Thirty thousand pounds of tobacco due to the said Joseph from the said Benjamin as aforesaid hath not paid nor any part thereof, nor a receipt & discharge under the hand of the said Joseph against the said debt of thirty thousand pounds of tobacco unto the said Ben- jamin hath not brought &, delivered though often thereunto required,	p. 33